Legal Opinion

Pareja v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided March 27, 2008PublishedCited by 10 opinions

1Opinion of the Court

Plaintiff was allegedly injured when the bus on which she was a passenger hit a pillar on White Plains Road. At trial, the bus driver testified that he swerved to avoid an oncoming car that cut in front him.

There is no evidence that the offensive summation remarks of defense counsel cited by plaintiff improperly affected the verdict (cf. Kohlmann v City of New York, 8 AD2d 598 [1959]). Moreover, these remarks were brief and, after a 12-day trial with numerous witnesses, were unlikely to have affected the outcome. We nonetheless observe that the remarks of defense counsel were uncalled for.…

2Cases cited6 opinions

  1. Holmes v. . JonesNew York Court of Appeals · 1890
  2. Kohlmann v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1959
  3. Sutton v. Piasecki Trucking, Inc.New York Court of Appeals · 1983
  4. Owen A. Mandeville, Inc. v. ZahAppellate Division of the Supreme Court of the State of New York · 1972
  5. Owen A. Mandeville, Inc. v. ZahNew York Court of Appeals · 1974

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Wilson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  2. Lopez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. WindleyAppellate Division of the Supreme Court of the State of New York · 2010
  4. Newark v. PimentelAppellate Division of the Supreme Court of the State of New York · 2014
  5. Genza v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2012

5 more not listed; retrieve them via the Exa API.

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